Tactical Tools for Sensory Claim Substantiation: Understanding the Difference Between Sense Perception Claims, Run-of-the-Mill Performance Claims and Puffery
Wendy M. Fiel
VP & Chief Legal Officer
Sabra Dipping Company
David Mallen
Partner, Co-Chair, Advertising Disputes
Loeb & Loeb LLP
- Exploring the latest sensory claims garnering scrutiny and pitfalls to avoid when making them
- Navigating the challenges of taking subjective preferences and turning them into objectively provable advertising claims — How do you avoid puffery?
- Examining the rules and industry standards that govern sensory claims: how to prove that your product “tastes better,” “works best,” “is more comfortable,” etc.
- Navigating sensory claims testing: sample size, methodology and other key criteria for sensory tests
- Understanding comparative advertising and mitigating the risks of performance claims
- What is required to properly substantiate these types of claims?
- Can it be based on public consumer data online?
- What kinds of testing is adequate?
- Taking a look at case studies of recent competitor comparison claims: what damages were incurred and what are the key takeaways?